In agreement with TLGC section 212.0115, the following section prescribes issuing certification regarding compliance with plat requirements.
(1) Land within the town's jurisdiction.
For the purposes of this section, land is considered to be within the town's jurisdiction if the land is located within the limits or in the extraterritorial jurisdiction.
(2) Issue certificate.
On the approval of a plat by the planning and zoning commission and town council, the planning manager shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the planning and zoning commission and town council.
(3) Determinations regarding the owner's land.
On the written request of an owner of land, a purchaser of real property under a contract for deed, executory contract, or other executory conveyance, an entity that provides utility service, or the town council, the planning manager shall make the following determinations regarding the owner's land or the land in which the entity or town council is interested that is located within the jurisdiction of the town:
(A) Whether a plat is required under these regulations; and
(B) If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the town.
(4) Land subject to request.
The request made under subsection
(3) must identify the land that is the subject of the request.
(5) Determination of plat requirement.
(A) If the planning manager determines under subsection (3) that a plat is not required, the planning manager shall issue to the requesting party a written certification of that determination.
(B) If the planning manager determines that a plat is required and that the plat has been prepared and has been reviewed and approved by the planning and zoning commission and town council, the planning manager shall issue to the requesting party a written certification of that determination.
(6) Timing for determination.
The planning manager shall make its determination within 20 days after the date it receives the request under subsection
(3) and shall issue the certificate, if appropriate, within 10 days after the date the determination is made.
(7) Entity making the determination.
If both the planning and zoning commission and town council have authority to approve plats, only one of those entities need make the determinations and issue the certificates required by this section. The town council delegates determinations to the planning manager under subsection
(9).
(8) Additional rules.
The planning and zoning commission and town council may adopt rules it considers necessary to administer its functions under this section.
(9) Delegation of responsibility.
The town council may delegate, in writing, the ability to perform any of the responsibilities under this section to one or more persons. Subsequently, the planning manager shall serve to perform the responsibilities under this section. A binding decision of the person or persons under this subsection is appealable to the planning and zoning commission and town council.
(Ordinance 2024-03 adopted 2/6/2024)